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Pennsylvania Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Can you get a fire arm with a f3 child endangerment ?
Michael Ryan Seward
Michael Ryan Seward answered on Jun 12, 2021

A person with a any felony conviction on the criminal history would be required to answer "yes" to the question about criminal convictions on the ATF form used when purchasing a firearm. This would preclude someone from buying, and would cause a failure to pass the PICS instant background check.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Do I have a felony?

I thought I got a 3rd degree felony when I was 19, a job I want just did a 20 yr background an it came back clean, yes the offense was in less then 20 yrs, no its not sealed or removed in anyway that im aware of. Its a 3rd degree felony criminal trespass I thought is it possible that I plead to... Read more »

Michael Ryan Seward
Michael Ryan Seward answered on Jun 12, 2021

If someone is convicted as an adult, the conviction will appear on a criminal history regardless of whether the plea was guilty or no contest.

If an offense happened before the age of 18, it may have been processed as a juvenile adjudication of delinquency, even if the case did not close...
Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Arbitration / Mediation Law and Banking for Pennsylvania on
Q: Can I sue Wells Fargo for an unauthorized charge which has since caused me financial hardship?

I had a car loan through Wells Fargo. I traded in that car to Carvana who agreed to pay off the loan. I have documentation from Wells Fargo that the loan was payed off in full 4/19/21. However, I was still charged my monthly payment of 408 on 4/25/21 through auto pay. This caused my wife’s and my... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

1. Go to a wells fargo bank and find out why you can't sign on.

2. Get the records printed out at the bank.

3. Once you have those, keep them and only send copies.

4. Ask Wells fargo for a return of the autopay, and the related charges. The AMC stock is too far a...
Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How can I remove four year old harassment charges from my record?

I was falsely charged by my ex-wife for simple assault and harassment in Whitehall, PA on May 2017. I showed video evidence to an Attorney General because of which simple assault charge was dropped but I was still convicted for harassment. My acting lawyer at the time told me that it's like a... Read more »

Ellis B. Klein
Ellis B. Klein answered on Jun 6, 2021

It is considered a summary offense and it would take five years before you’re eligible to have it expunged. It does not come off of your record automatically and you have to file a motion for expungement to get it sponge

1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Q: Is it ok for me to date a 14 year old I’m 16 about to turn 17 may 29th and she is going to turn 15 on December 18.

I’m in 11 grade going to 12 she is in 8th going to 9th

Peter N. Munsing
Peter N. Munsing answered on Jun 4, 2021

Assuming that you are dating with no sexual contact that is OK by the law. By your ages, assuming she is over 14 and you are less than 18 it would not be illegal for you if you do have contact.

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Federal Crimes for Pennsylvania on
Q: Could I get a medical marijuana card for myself in Pennsylvania, if my husband has guns in our home?

I have no guns registered in my name.

Peter N. Munsing
Peter N. Munsing answered on Jun 4, 2021

There would be nothing to prohibit that.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Is it required to have a lawyer for a prelimanry hearing in Luzerne county, Pa?
Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

No, but it sounds like it's serious, and if the penalty can involve jail you definitely want to get one. If you have no money at all you should contact the public defender.

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Is the crime under B(1)(ii) a misdemeanor or a summary offense?

This happened when the person under 18 so can I get it expunged in the next six months?

Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

you haven't said what part of the Pennsyvlania Code.

Q: Neighbor filed a municipal complaint stating that I'm harassing her because I called police regarding noise& loud party
Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

You have to look at the complaint. Chances are it says more. You need to respond to the complaint.

2 Answers | Asked in Criminal Law, Foreclosure and Elder Law for Pennsylvania on
Q: My 71 yr old father is facing forclosure due to a scam.

My father got involved with a woman facing legal troubles and believes he is funding a big top secret lawsuit against a gov. agency. However, no legitimate lawyer is ever produced when asked and some tragic event always occurs to prolong the case. It's been 5 yrs. He gave away all of his... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 19, 2021

If your father refuses to sign any documents, even for a loan from you, you can (if the amount is doable) approach the holder of the Note and Mortgage and offer a pay-off in exchange for an assignment of the existing Mortgage and endorsement of the Note to you. The bank should be happy to work... Read more »

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: what is the typical procedure when someone is in jail for simple assault charges but cannot post bail & has court 5/19

What happens at the court appearance? How long can he be in jail for?

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on May 17, 2021

If they can't post bail the sherrifs will take them to court. It does depend on the court listing and/or the status of the case. Many counties are still usimg video conferencing to handle court proceedings for inmates. His attorney could apply for a bail modification if nothing else is... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: What is the legal statue on filming a minor at a public park in Pennsylvania with out parental consent?
Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on May 11, 2021

Simply video taping in a public place, even a minor, is not in and of itself a crime or cause of action. Consent or permission would not be required. However, if the video tape were being used for some illicit purpose, sexual gratification, or was taken in a place where the person who had a... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Why does a case i have say inactive and i dont have a warrant
Ellis B. Klein
Ellis B. Klein answered on Mar 30, 2021

Inactive generally means an arrest warrant was issued. You need to get a lawyer to assist in turning you in and arguing for bail.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: What can I expect following a federal indictment involving myself as an associate of the accused and my home was raided?

Raid by the ATF and state police in which I was only detained and questioned then released. They confiscated items and did not leave much explanation as to what lead to a search warrant. I was not charged and still have not been, however, less than a week following that raid, another set of raids... Read more »

NiaLena Caravasos
NiaLena Caravasos answered on Mar 28, 2021

You are likely in great jeopardy and the sooner you act, the better off you'll be. You need to consult with an experienced and top-notch criminal defense attorney in order to discuss your personal circumstances and figure out what your best options are at this point. You should act quickly... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: What's the worst thing that can happen, I love in pa. Schedule 1 paraphenalia

Clean record

Ellis B. Klein
Ellis B. Klein answered on Mar 22, 2021

Well, the worst thing that can happen is that you could go to jail and have a permanent record. However, that usually does not happen on a paraphernalia case if you have no prior record. Get a lawyer. You are charged with a crime and should have a lawyers representing your interests. You may have a... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: Charged with 1543A in 2019. this year trying to charge me with 2nd 1543B from a DUI in '09& 1543B in 14'. How?

License currently suspended indefinitely for 1533D failure to respond to traffic citation for unpaid fines but they are trying to say its DUI suspended. How is that possible when I havent gotten any new DUI Charges and in 2019 i got pulled over and it wasn't dui suspended and i only received... Read more »

Ellis B. Klein
Ellis B. Klein answered on Mar 21, 2021

You need to get a lawyer immediately. The law says that if your license was suspended for a DUI it will always be suspended until and unless you get your license reinstated. It doesn’t matter if the DUI is one year old or 30 years old. If you never got your license back then you are looking at a... Read more »

1 Answer | Asked in Criminal Law and Immigration Law for Pennsylvania on
Q: Can my brother come back to the states from Korea after leaving without finishing his cases in 2015?

My younger brother as an international student was charged with misdemeanor and felony in 2015 in Philadelphia but left for Korea due to his medical conditions without finishing his hearings. Per my search, his cases had active warrany but now they are inactive. I'd like to hire a lawyer who... Read more »

Adan Vega
Adan Vega answered on Mar 20, 2021

You and your brother will need to engage an experienced criminal law attorney in the jurisdiction where the charges were filed.

Good luck to you.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Does theftbydeception apply to a PA Youtuber who took superchat money from people and lied saying it goes to St Jude

If you search Diane's Channel Scam on YouTube you will find many videos on this subject. We estimate the total to be $30,000-60,000. The amount is too low for anyone to prosecute as fraud. Can individuals who gave money press charges in PA for theft by deception if they can prove they gave $50... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 28, 2021

Contact the Attorney Generals fraud division.

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: What are defenses to Delivery of Drugs Resulting in Death (DDRD) charge against a doctor who prescribed opiates?

The autopsy report shows that the following three drugs were in the patient's body: morphine, oxycodone, and heroin. The coroner did not state whether the amount of heroin was sufficient to cause death.

Only morphine and oxycodone were prescribed. The amounts of the opiods prescribed... Read more »

R. Davis Younts
R. Davis Younts answered on Feb 28, 2021

Theses are difficult cases given the way the law is written. The acquittals I have won in the past have usually been tied to the science and actual cause of death. Showing a particular action was not the cause of death or the only cause of death is critical.

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1 Answer | Asked in Criminal Law, Products Liability and Animal / Dog Law for Pennsylvania on
Q: What to do if your Pet Airline Delivery Service disconnected their phone line and is unresponsive to their emails?

They have THOUSANDS of my own personal savings that they have told me is completely 100% refundable. Not only that, but they have my baby puppy. I’ve been uninformed throughout this whole thing about anything and I just want my puppy and money. This whole thing is making me physically sick.

Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

Contact your local Animal Rescue League. Contact any national office. Contact your DA and the Consumer protection Division of the AG's Office in Harrisburg.

Send a demand letter to the group. If you call my office I will tell you what to do.

All the best.

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